The defendant's appeal is dismissed.

Summary of Grounds for Appeal

As stated in the judgment of the court below, the defendant was assaulted by the defendant as the opposite party when he saw the head part of H, did not take the face of C and B as drinking, and did the first assault.

Even if this constitutes self-defense, illegality is excluded.

However, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment on the charge against the defendant, by accepting the testimony by the other party who was investigated at the time of the occurrence of the case at least one week from the date of the occurrence of the case

(1) The grounds for appeal filed by the Defendant on January 23, 2014, the period for submitting the grounds for appeal, which was within the period for filing the grounds for appeal, are only erroneous grounds for appeal, and the Defendant’s defense counsel served a written notice of notification of the receipt of the trial records and a written decision of the appointment of a state appointed defense counsel on February 5, 2014, and asserted only mistake of facts and self-defense by attending the first day of February 6, 2014 as the grounds for appeal, which was presented on February 26, 2014, and added unfair sentencing as the grounds for appeal only from the supplementary statement submitted on February 26, 2014 as the grounds for appeal. However, this cannot be deemed as legitimate grounds for appeal since it was filed after the period for filing the grounds for appeal has expired, and even if examining ex officio, the grounds for

A. (1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the testimony adopted by the Korean Criminal Procedure Act, special circumstances exist to deem that the first instance court’s determination on the credibility of the testimony made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.